19 Johns. 126
Decided May 15, 1821
New York Supreme Court · decided 1821-05-15
THIS was an action of slander, originally commenced in the Court of Common Pleas of Putnam county, and removed into this Court by habeas corpus. By the rules and practice of the Court below, special bail may be required m an action of slander; and special bail had been filed in the cause, in that Court. On the return of the habeas corpus to this Court, the defendant filed common bail.
Decided 1821-05-15
¶1There is no contradiction in the cases cited. If the defendant was held to bail in the Court below, the plaintiff is entitled to bail, on its removal here ; and though no bail should be required, in the Court below, yet the plaintiff may insist upon special bail in this Court. The motion must be denied.
¶2Motion denied.
¶3 Vide 1 Dunlap’s Pr. 224.